South African Maritime Safety Authority 6 of 2016.pdf · Maritime Labour Convention into South...

MN 6 of 2016 of 21

South African Maritime Safety Authority

Ref: SM6/5/2/1

Date: 21 January 2016

Marine Notice No. 6 of 2016

Accreditation of Seafarer Recruitment and Placement Agencies

TO RECRUITMENT AND PLACEMENT AGENCIES, SHIP OPERATORS, SEAFARERS, MARITIME

TRAINING INSTITUTIONS AND PRINCIPAL OFFICERS

Marine Notice No. 19 of 2013 is cancelled.

Summary

This Marine Notice serves to notify the industry of South Africa’s of the implementation of the

Maritime Labour Convention into South African Legislation and contains a Checklist of

requirements for Seafarer Recruitment and Placement Services (SRPS) to be accredited.

1. South Africa ratified the Maritime Labour Convention on 21 June 2013.

2. The Convention entered into force on 20 August 2013.

3. Standard A1.4.2 of the Maritime Labour Convention requires that seafarer recruitment and placement

services “shall be operated only in Conformity with a standardized system of licensing or certification

or other form of regulation”

4. Seafarer Recruitment and Placement Agencies are therefore required to be accredited by SAMSA for

the supply of seafarers placed on vessels where the flag state has ratified the Convention.

5. SAMSA will audit, with the purpose of issuing a certificate of accreditation, in terms of the Maritime

Labour Convention, agencies that are required by the flag state and the ship-owner to demonstrate

compliance with the Convention.

6. SAMSA is awaiting promulgation of the Merchant Shipping (Seafarer Recruitment and Placement)

Regulations before a Certificate of Accreditation can be issued in terms of these regulations.

7. To assist agencies to prepare for the audit, the checklist to be used is attached as an annex. The

checklist is generic in that it caters for the issue of a certificate of accreditation in terms of the

Convention and South African Legislation, as promulgated.

21 January 2016

SM6/5/2/1

Issued by and obtainable from:

The South African Maritime Safety Authority

146 Lunnon Road

Hillcrest, Pretoria

PO Box 13186

Hatfield 0028

Tel: +27 12 307 3006

Fax:+27 12 307 3086

E-mail: [email protected]

Web Site : www.samsa.org.za

mailto:[email protected]

http://www.samsa.org.za/

MN 6 of 2016 of 21

Are you aware of what

SAMSA regulations

require of you?

The Merchant Shipping (Seafarer Recruitment and Placement) Regulations

require that “no person may operate recruitment and placement services unless

that person holds a certificate of accreditation issued by the Authority” and “the

authorised representative of a ship must ensure that no person is recruited or

placed for work by a seafarer recruitment or placement service unless the

service holds a certificate of accreditation issued by the Authority”.

To assist the recruitment agencies, the following checklist has been compiled for

your guidance.

THE SURVEYOR WILL REQUEST A COMPLETED FORM FROM THE

RECRUITMENT AND PLACEMENT AGENCY BEFORE AUDITING FOR

ACCREDITATION

Representative Declaration

I, the responsible person of the recruitment and placement agency,

_____________________________________ have read and completed the

checklist in preparation for the accreditation of the recruitment and placement

agency.

Name……………………………….. Position……………………

Signature………………………….. Date………………………..

MN 6 of 2016 Page 1 of 21

The following table is to be completed by the applicant.

REFERENCE TO

MERCHANT

SHIPPING

(SEAFARER

RECRUITMENT

and

PLACEMENT)

REGULATIONS,

2015 AND/OR

LOCAL SOUTH

AFRICAN

LEGISLATION

REFERENCE

TO THE

MARITIME

LABOUR

CONVENTIO

N, 2006

THE FOLLOWING

DOCUMENTATION MUST BE

PROVIDED BY THE APPLICANT OR

THEIR EXISTENCE VERIFIED,

WHEN REQUESTED BY SAMSA

SUCCESSFULL

Y EXAMINED

ADDITIONAL INFORMATION RELATED

TO THE INSPECTION

5 (1) (a)

1.4.3

Verify the Name and Physical Address of the

Seafarer Recruitment and Placement Service

(“SRPS”). A copy of the Company Structure

(organogram) should also be provided to

SAMSA during the audit.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________


5 (1) (b)

1.4.3

Verify the Name of each placement agent with a

brief description of the agent’s relevant

expertise.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

5 (1) (c)

A1.4.3 (d)

Verify the details of any quality assurance

system applicable to the activities of the SRPS.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

5 (2) (a) – (f)

A1.4.6

Verify that the seafarer recruitment and

placement service has the following

documentation available for inspection

(a) Merchant Shipping Act, 1951 as

amended;

(b) Merchant Shipping (Safe Manning,

Training and Certification) Regulations,

2013 as amended;

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________


(c) Maritime Labour Convention, 2006;

(d) STCW Convention, as amended;

(e) Each vessel’s Maritime Labour

Certificate; and

(f) Declaration of Maritime Labour

Compliance: Part I and II.

5 (4) (a)

2.1

Verify that there is a contract between the SRPS

and the ship-owner and that such is available for

inspection. A copy of such must be provided to

SAMSA.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

5 (4) (b)

A2.1.1(a)

Verify that there is a contract between the SRPS

and the seafarer and that such is available for

inspection. A copy of such must be provided to

SAMSA

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________


5 (4) (c)

N/A

Verify that all contracts are retained by the

SRPS for a period of at least five years for audit

purposes.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

RECRUITMENT AND

PLACEMENT

6

A1.4.5(b)

Verify that no fees are charged directly to the

seafarer for the recruitment or placement or

for providing employment.

Exception: Costs to be borne by the Seafarer

may include the national seafarer’s book and

a passport or other similar personal travel

documents.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________


10

A1.4.5(b)

Verify that the shipowner is liable for the cost of

any visa required by a seafarer when joining or

leaving the ship and, if required, when the ship

calls at a port.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

7 (1) (a)

A1.4.5(c)(i)

read with B1.4.2

(c)

Verify that an up to date register of all seafarers

recruited or placed through the SRPS is

maintained and available for inspection. This

includes maintaining up to date lists of the ships

for which SRPS provide seafarers and ensuring a

means by which services can be contacted in an

emergency at all hours.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

7 (2)

A1.4.5(a)

Verify that the SRPS does not use any means to

prevent or deter seafarers from gaining

employment for which they are qualified for.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________


7 (1) (b)

A1.4.5(c)(ii)

Verify that the seafarers are informed of their

rights and duties under their employment

agreements prior to or in the process of

engagement. Verify that proper arrangements

are made for seafarers to examine their contracts

before and after they are signed.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

7 (1) (c)

A1.4.5 (c)(iii)

Verify that seafarers recruited or placed by the

SRPS are properly qualified and hold the

necessary documentation for the job concerned,

and that the employment agreements are in

accordance with applicable laws and regulations

and any collective bargaining agreement that

forms part of the employment agreement.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

9 (2)

A2.1 (c)

Verify that a copy of the Seafarer Employment

Agreement (“SEA”) signed by both the seafarer

and the shipowner/ shipowner’s representative is

given to the seafarer.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________


7 (1) (i)

B1.4.2 (g)

Verify that seafarers are advised of any

particular conditions applicable to the job for

which they are to be engaged and of the

particular ship owner’s policies relating to their

employment.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

7 (1) (j)

B1.4.2 (j)

Verify that there are procedures in place to

ensure that any requests for information or

advice by the families of the seafarers while the

seafarers are at sea are dealt with promptly and

sympathetically and at no cost.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

7 (1)(k)(i)-(iv)

A4.2.1

B4.2.3

2.6.1

A1.4.5(c)(iv)

Verify that the ship owner has in place financial

protection for:

i. medical costs in the event of an accident

ii. funeral and death cover including

repatriation of the body

iii. loss of personal belongings due to an

accident to the ship

iv. repatriation costs if the seafarer is

stranded in any port

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________


7 (1) (l)

B1.4.2 (b)

Verify that any documents submitted by the

seafarer are treated with confidentiality.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

9 (1)

A2.1.4

Verify that all SEA’s contain the following

particulars:

(a) The seafarers full name, date of birth or

age, and birthplace, passport number or

identity number;

(b) The ship owner’s name and address

(c) The place where and the date when the

seafarers employment agreement is

entered into;

(d) The capacity in which the seafarer is to

be employed;

(e) The amount of the seafarer’s wages or,

where applicable, the formula used for

calculating them as well as the details of

overtime and other financial

compensation as well as any agreed

deductions from the seafarers wages;

(f) The amount of paid annual leave or,

where applicable, the formula used for

calculating it;

(g) The termination of the agreement

and the conditions thereof, including:

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________


(i) if the agreement has been made for

an indefinite period, the conditions

entitling either party to terminate it, as

well as the required notice period,

which shall not be less for the ship-

owner than for the seafarer;

(ii) if the agreement has been made for a

definite period, the date fixed for its

expiry; and

(iii) if the agreement had been made for

a voyage, the port of destination and the

time which has to expire after arrival

before the seafarer should be

discharged;

(h) The seafarer’s entitlement to

repatriation;

(i) Reference to the collective bargaining

agreement, if applicable; and

(j) Any other particulars which national law

may require.

(k) Names and contact details of next of kin

(l) The frequency of the payment of wages

which should be made at no greater than

monthly intervals and in accordance

with the Collective bargaining

Agreement, if applicable.

(m) Any other obligations or rights that the

parties may agree to.

(n) Details of accident and death insurance

cover for the seafarer.

MN 6 of 2016 Page 10 of 21

9 (1) (l)

A2.1(5)

Verify that the minimum notice period for early

termination of the SEA is not shorter than seven

days and that the same notice period applies for

both the Seafarer and the SRPS.

Note: A notice period may be shorter than this

minimum if such are recognised by national law

or regulations or applicable collective

bargaining agreements as justifying termination

of the agreement at shorter notice or without

notice. No penalties shall be imposed on

seafarers requesting early termination based on

compassionate or other urgent reasons.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

Merchant Shipping

Act, 1951 as

amended

(Section 113)

A2.1 (e) read with

Subsection 3

Verify that seafarers shall be given a document

containing a record of their employment on

board the ship and such document shall not

contain any statement as to the quality of the

seafarers work or as to their wages.

Note: This document should contain sufficient

information, with a translation in English, to

facilitate the acquisition of further work or to

satisfy the sea service requirements for

upgrading or promotion. A seafarer’s discharge

book may satisfy the requirements for this

document.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

MN 6 of 2016 Page 11 of 21

7 (1) (g)

A1.4.5(c) (vi)

Verify that a system of protection exists by way

of insurance or an equivalent appropriate

measure, to compensate seafarers, for monetary

loss that they may incur as a result of the failure

of a SRPS or the relevant ship-owner under the

SEA to meet its obligations to them.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

7 (1) (h)

A1.4.8

Verify that the seafarer has been advised of

possible problems of signing on a ship that flies

the flag of a state which has not ratified the

MLC, 2006 (if applicable).

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

MN 6 of 2016 Page 12 of 21

MINIMUM REQUIREMENTS

FOR SEAFARERS

Merchant Shipping

Amendment Act 12

of 2015

Section 110

A1.1 (1)

Verify that no person under the minimum age of

16 years shall be employed in any capacity on

board a ship.

Note: Special Rules apply for ‘Young

Persons’ (see below)

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

Merchant Shipping

Amendment Act 12

of 2015

Section 110/111

A1.1

Verify that seafarers under the age of 18 years

are made to understand the restrictions on night

work and work which is likely to jeopardize

their health and safety.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

MN 6 of 2016 Page 13 of 21

Merchant Shipping

(Safe Manning,

Training and

Certification)

Regulations, 2013

Section 73(1)

A3.2(8)

Verify that no person under the age of 18 shall

be employed or engaged or work as a ship’s

cook.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

Merchant Shipping

Act 57 of 1951

(Section 101)

A1.2 (1)

Verify that prior to beginning work on a ship,

seafarers hold a valid medical certificate

attesting that they are medically fit to perform

the duties they are to carry out at sea.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

STCW 1978, as

amended

A-I/9(8)

A1.2 (10)

Verify that the medical certificates for seafarers

working on ships ordinarily engaged on

international voyages must as a minimum be

provided in English.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

MN 6 of 2016 Page 14 of 21

Merchant Shipping

Act 57 of 1951

(Section 101(1)

A1.2 (4)

Verify that the medical certificate is issued by a

duly qualified medical practitioner or, in the

case of a certificate solely concerning eyesight,

by a person recognized as being qualified to

issue such a certificate.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

A1.2 (7)

Verify that unless a shorter period is required by

reason of the specific duties to be performed by

the seafarer concerned or is required under

STCW:

(a) A medical certificate shall be valid for a

maximum period of 12 months

including if the seafarer is under the age

of 18.

(b) A certification of colour vision shall be

valid for a maximum period of six years.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

MN 6 of 2016 Page 15 of 21

REPATRIATION

7 (1) (d)

A2.5(2)

Verify that the ship owner has the means to

repatriate seafarers which shall include the

following:

- circumstances in which seafarers are

entitled to repatriation;

- maximum duration of sevice periods on

board following which a seafarer is

entitled to repatriation - such period to

be less than 12 months;

- precise entitlements for repatriation

including those related to destination of

repatriation, mode of transport, items of

expenses to be covered and other

arrangements to be made by the

shipowner.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

Merchant Shipping

Act 57 of 1951

Section 114

A2.5 (3)

Verify if SRPS prohibits shipowners from

requiring that seafarers make an advance

payment towards the cost of repatriation at the

beginning of their employment.

Verify if SRPS prohibits shipowners from

recovering the cost of repatriation from the

seafarer’s wages or other entitlements except

where the seafarer has been found to be in

serious default of their employment agreements.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

MN 6 of 2016 Page 16 of 21

COMPLAINT PROCEDURES

Merchant Shipping

Amendment Act 12

of 2015

Section 158A

A5.1.5

Verify that in addition to a copy of the SEA, all

seafarers shall be provided with a copy of the

on- board compliant procedures applicable on

the ship.

The on-board complaint procedure should

contain, as a minimum:

- Fair, effective and expeditious handling

of seafarer complaints alleging breaches

of seafarer’s rights;

- There should be safeguards in place to

prevent and penalize any kind of

victimization of a seafarer for filing a

complaint.

- The procedures shall seek to resolve any

seafarer complaints at the lowest level

possible, however, seafarers shall have a

right to complain directly to the Master

and if necessary recourse to the

appropriate external authorities.

- Procedures shall include the right of the

seafarer to be accompanied or

represented during the complaints

procedure.

Note: The above shall include contact

information for SAMSA in the flag state and

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

MN 6 of 2016 Page 17 of 21

where different in the seafarers country of

residence and the name of a person or persons

on board the ship who can, on a confidential

basis, provide seafarers with impartial advice

on their complaint and otherwise assist them in

following the complaint procedures available to

them on board the ship.

7 (1) (e)

A1.4 (7)

Verify that adequate machinery and procedures

exist for the investigation, examination and

response, if necessary, of complaints from

seafarers concerning the activities of SRPS

involving as appropriate representative of ship-

owner and seafarers.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

7 (1) (f)

A1.4.5 (c) (v)

&

A1.4.5 (c) (v)

Verify that records of all complaints from

seafarers that are received concerning on board

working or living conditions are forwarded to

SAMSA.

Verify that the SRPS has procedures to examine

and respond to any complaint concerning the

activities of the SRPS and advise SAMSA of

any unresolved complaint.

Yes

No

N/A

REMARKS

___________________________________

___________________________________

___________________________________

MN 6 of 2016 Page 18 of 21

SRPS AUDIT REMARKS SUMMARY:

Deficiencies identified as Non – Conformities in terms of the MLC, 2006

REFERENCE TO

AUDIT ITEM

DEFICIENCIES IDENTIFIED AS NON CONFORMITIES

NOTE: ANY DEFICIENCIES LISTED IN THE ABOVE BLOCK NEED TO BE CORRECTED PRIOR TO ISSUANCE OF THE SAMSA SRPS

APPROVAL CERTIFICATE


NOTES/ REMARKS/ OBSERVATIONS FOR THE IMPROVEMENT OF THE SRPS:

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

FOR OFFICE PURPOSES:

AUDIT DONE BY: ___________________________________________ (PRINT NAME)

DATE: _____________________________________________

AUDIT APPROVED: YES / NO (CIRCLE ONE)

SIGNED: _______________________________________

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